HomeMy WebLinkAboutOrdinance-2006-1354
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER GOKEY
Council Bill No 03
Ordinance No 1354
Series of 2006
TITLE. AN ORDINANCE AMENDING CHAPTERS 22 AND 11 OF THE CODE
OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING TAXATION AND
BUSINESSS LICENSING
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political
subdivision of the State of Colorado organized and existing as a home rule municipality
pursuant to Article XX of the Colorado Constitution and the home rule charter for the
City (the "Charter"), and
WHEREAS, pursuant to section 1 3 of the Charter, the City has all the power of
local self-government and home rule and all the power possible for a municipality to
have under the Constitution of the State of Colorado, including the powers to tax and to
impose and implement business licensing requirements, and
WHEREAS, the City has previously adopted provisions concerning taxation,
codified at Chapter 22 of the Code of Laws of the City of Wheat Ridge (the "Code"), and
WHEREAS, the City has previously adopted provisions concerning the licensing
of businesses within the City, codified at Chapter 11 of the Code, and
WHEREAS, the City Council desires to enact certain revisions to said Chapters
22 and 11 that do not constitute changes in tax policy to clarify licensing and taxation
requirements and to delete provisions that are obsolete
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO
Section 1. Subsection 22-21 (a) of the Code of Laws, defining terms as used in
Chapter 22 of the Code, is hereby amended by the addition of a new definition, to read
in its entirety as follows
Agricultural producer A person regularly engaged in the business of
using land for the production of commercial crops or commercial livestock.
The term includes farmers, market gardeners, commercial fruit growers,
livestock breeders, dairymen, poultrymen, and other persons similarly
engaged, but does not include a person who breeds or markets animals,
birds, or fish for domestic pets nor a person who cultivates, grows, or
harvests plants or plant products exclusively for that person's own
consumption or casual sale
Section 2 Paragraph (3) of the definition of "Engaged in business in the city" set
forth in Subsection 22-21(a) of the Code of Laws is hereby amended as follows
(3) Maintains one or more employees, agents or commissioned sales
persons at a location within the taxing jurisdiction, excluding,
however, employees, agents or commissioned sales persons who
reside within the city but do not othelWise engage in business in the
city as defined by this section,
Section 3 The first sentence of subsection 22-40(c) of the Code of Laws is
hereby amended as follows
(c) Effective January 1, 2007, the reporting period shall be monthly for
vendors who exceed an average one hundred dollar ($100) tax liability per
month, quarterly for a vendor with between an average of twenty dollars
($20) and one hundred dollars ($10000) in tax liability per month, and
annually for vendors having an average tax liability of less than twenty
dollars ($20) per month, subject to periodic review and adjustment by the
City as appropriate
Section 4 Subsection 22-57(7) of the Code of Laws IS hereby amended as
follows.
(7) Vending machines Every sale by a retailer or vendor vending
items of tangible personal property through vending machines shall
be taxable and such retailer or vendor shall pay retail sales or use
tax at the rate specified in section 22-56 on the tangible personal
property sold or vended by the vending machine unless the sale
shall be othelWise exempt as provided in this chapter Owners of
vending machines that vend articles of tangible personal property
are subject to sales or use tax on the cost of the vending machines,
provided that owners of vending machines that do not vend articles
of tangible personal property are not subject to the sales or use tax
on the cost of such machines, instead, the utilization of such
machines are considered short-term rentals of tangible personal
property and the gross receipts are subject to the sales tax. For
purposes of this subsection, vending machines includes any device
which dispenses goods or services upon insertion therein of a coin,
slug, token, plate, disc, card or any other form or type of
consideration.
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Section 5 Paragraph (17) of subsection 22-58(a) of the Code of Laws is hereby
amended as follows
(17) All sales of farm machinery, machinery parts, livestock, poultry, and
livestock and poultry feed and drugs, seeds and fertilizers to an
agricultural producer as defined in Sec 22-21 for use outside the
city even though sale and/or delivery is made within the city; except
that, trucks of one-ton manufacturer-rated capacity or less and lawn
and garden tillers, mowers and renovators are not to be considered
as farm machinery.
Section 6. Section 22-58 of the Code of Laws, concerning tax exempt sales, is
hereby amended by the addition of a new subsection (d) to read in its entirety as
follows
(d) Any consumer who claims an exemption from City sales tax pursuant
to this Section 22-58 must provide written evidence to the retailer or
vendor from whom the purchase is made that such transaction falls within
one of the categories enumerated in Subsection (a) above
Section 7 Paragraph (1) of Subsection 22-66(c) of the Code of Laws,
c0ncerning the taxation of leases, is hereby amended as follows
(1) The sales tax on any lease payment shall be paid by the lessee
and shall be remitted by the lessor to the city, providing the
property is located in the city at the time the payment is due The
amount of sales tax due on such lease payment shall be that
amount imposed by Section 22-56 of this Code on the lease
payment due date In no event shall a multi-year lease be exempt
from any change in sales tax rates during the term of said lease
Section 8 Subsection (e) of Section 22-66 of the Code of Laws, concerning
credit for tax lawfully imposed by and paid to another municipality, is hereby amended
by the addition of a new paragraph (3) to read in its entirety as follows
(3) Credit shall not be given for funds paid to another taxing jurisdiction
for any type of permit or licensing fee
Section 9. Section 11-105 of the Code of Laws is hereby amended as follows
Section 11-105. Exemptions for establishments maintaining
amusement devices.
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An establishment maintaining amusement devices is not subject to
sections 11-116, 11-117 or 11-103, but is subject to all other provisions of
this article
Section 10 Subsection (b) of Section 11-115 of the Code of Laws is hereby
amended as follows
(b) No amusement arcade, amusement center or establishment
maintaining amusement devices shall conduct business within the city
without first paying the fee placed upon amusement devices imposed by
section 11-120
Section 11 Section 11-166 of the Code of Laws, concerning the reporting of any
change in Security Agency business location, personnel residence or business vehicles
to the police department, is hereby deleted in its entirety and designated "Reserved"
Section 12. Safety Clause The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general pOlice power of the City
of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public
and that this Ordinance is necessary for the preservation of health and safety and for
the protection of public convenience and welfare. The City Council further determines
that the Ordinance bears a rational relation to the proper legislative object sought to be
attained
Section 13 Severabilitv: ConflictinQ Ordinances Repealed If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
othelWise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed
Section 14 Effective Date Except where provided otherwise, this Ordinance
shall take effect fifteen days after final publication, as provided by Section 5 11 of the
Charter
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on
this 9th day of January, 2006, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final
passage set for January 23, 2006, at 7'00 o'clock pm, in the Council Chambers, 7500
West 29th Avenue, Wheat Ridge, Colorado
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 8 to 0 ,this 23rd day of January , 2006
SIGNED by the Mayor on this
26th
day of
January
,2006
4
ATIEST
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Gerald E. Dahl, City Attorney
First Publication January 12, 2006 January 19, 2006
Second Publication February 2, 2006
Wheat Ridge Transcript:
Effective Date February 17, 2006
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